Section 268.31 Criminal Code Act | International War Crime Denying Fair Trial


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The Legislation

Section 268.31 of the Criminal Code Act 1995 (Cth) is International War Crime Denying Fair Trial and is extracted below.

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268.31  War crime—denying a fair trial

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and

(b)  the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; and

(c)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(d)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

(e)  the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for 10 years.

(2)  Strict liability applies to:

(a)  the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b); and

(b)        paragraphs (1)(b) and (c).